(1)A person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act.
(2)This section applies to a person who is accused of an offence when—
(a)he appears or is brought before a magistrates’ court or the Crown Court in the course of or in connection with proceedings for the offence, or
(b)he applies to a court for bail in connection with the proceedings.
This subsection does not apply as respects proceedings on or after a person’s conviction of the offence or proceedings against a fugitive offender for the offence.
(3)This section also applies to a person who, having been convicted of an offence, appears or is brought before a magistrates’ court to be dealt with under section 6 or section 16 of the M1Powers of Criminal Courts Act 1973 (breach of requirement of probation or community service order).
(4)This section also applies to a person who has been convicted of an offence and whose case is adjourned by the court for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.
(5)Schedule 1 to this Act also has effect as respects conditions of bail for a person to whom this section applies.
(6)In Schedule 1 to this Act “the defendant” means a person to whom this section applies and any reference to a defendant whose case is adjourned for inquiries or a report is a reference to a person to whom this section applies by virtue of subsection (4) above.
(7)This section is subject to [F1section 41 of the Magistrates’ Courts Act 1980] (restriction of bail by magistrates’ court in cases of treason).
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 145
Marginal Citations